Ohio AG certifies petition for Freedom to Marry and Religious Freedom Amendment

The Ohio AG has approved the petition
filed by Freedom to Marry Ohio. The
next step is the Ohio Ballot Board.

Ohio Attorney General Mike DeWine has certified the petition for the Freedom to Marry and Religious Freedom Amendment.

This means that it will be sent to the Ohio Ballot Board to ensure the amendment contains a single issue and, if so, petitioners can begin to gather the signatures necessary to put the measure on the ballot.

Interestingly, today a federal judge is expected to issue a ruling on whether or not Ohio must recognize the marriages of gay couples who marry in other states.

Ohio voters approved a state-wide gay marriage ban in 2004.

According to the summary, the amendment would repeal and replace Section 11 to Article XV of the Ohio Constitution to:

• Allow two consenting adults not nearer of kin than second cousin, and not having a husband or wife living, the freedom to enter into a marriage regardless of gender.
• Define religious house of worship as one where the primary activity is religious worship and provides that no house of worship or its clergy shall be required to perform a marriage.
• Provide that all legally valid marriages shall be treated equally under the law.

Here is the press release with a link to the petition:

(COLUMBUS, Ohio)—Ohio Attorney General Mike DeWine today determined that the proposed Freedom to Marry and Religious Freedom Amendment seeking to amend Article XV, Section 11 of the Ohio Constitution submitted the required 1000 valid signatures of Ohio electors and a summary of the amendment that is a "fair and truthful "statement of the proposed law.

Attorney General DeWine has sent letters to both the committee that represents the petitioners and Ohio Secretary of State Jon Husted.

"Without passing on the advisability of the approval or rejection of the measure to be referred but pursuant to the duties imposed on the Attorney General's Office under Section 3519.01(A) of the Ohio Revised Code, I hereby certify that the summary is a fair and truthful statement of the proposed constitutional amendment," Attorney General DeWine stated in a letter to the petitioners.

Once the summary language and initial signatures are certified, the Ohio Ballot Board must determine if the amendment contains a single or multiple issues. The petitioners must then collect signatures in 44 of Ohio's 88 counties, equal to 5 percent of the total vote cast in the county for the office of governor at the last gubernatorial election. Total signatures collected statewide must also equal 10 percent of the vote cast for the office of governor in the last gubernatorial election

The full text of today's letter and of the amendment petition may be found at www.OhioAttorneyGeneral.gov/BallotInitiatives.

Ohio AG rejects petition for End Ohio Cannabis Prohibition Act of 2012

The Ohio Attorney General Mike DeWine has rejected the summary language for a constitutional amendment that would legalize marijuana use (under certain conditions) in the state.

The AG has the responsibility under Ohio law to review summary language for petitions to be circulated in the state to create a ballot initiative or amend the state constitution.

He notes four reasons for his rejection of the language, but also notes that his transmittal letter did not "represent an exhaustive list of all the defects in the submitted summary."

Petitioners can revise the language, gather another 1,000 signatures and again submit it for approval.

Here is the press release:

(COLUMBUS, Ohio)—Ohio Attorney General Mike DeWine today rejected the petition for the proposed End Ohio Cannabis Prohibition Act of 2012 because the summary of the petition was not “fair and truthful.”

On August 2nd, the Ohio Attorney General’s Office received a written petition from Responsible Ohioans for Cannabis to amend the Ohio Constitution by adding the End Ohio Cannabis Prohibition Act of 2012. Attorney General DeWine’s letter rejected the summary because it was unable to be certified as “fair and truthful” for the following reasons:

* The summary omits references to amendment language which repudiates federal cannabis prohibitions.
* The summary omits references to amendment language that persons cannot be considered to be under the influence of cannabis “solely because of the presence of metabolites or components of cannabis in his or her body.”
* The summary states that educational courses may be held by licensed commercial production companies or educational institutions to teach people, among other things, about “medical harms or benefits from the personal use of cannabis products.” However, no such language referencing medical harms or benefits exists in the amendment.
* The summary omits references to amendment language that confer new duties and responsibilities on the Ohio Department of Agriculture and the Ohio Department of Commerce.

“For these reasons, I am unable to certify the summary as a fair and truthful statement of the proposed amendment,” DeWine stated in his letter rejecting the petition. “However, I must caution that this letter is not intended to represent an exhaustive list of all defects in the submitted summary.”

In order for a constitutional amendment to proceed, an initial petition containing summary language of the amendment and 1,000 signatures from Ohio registered voters must be submitted to the Ohio Attorney General. Once the summary language and initial signatures are certified, the Ohio Ballot Board would determine if the amendment contains a single issue or multiple issues. The petitioners must then collect signatures for each issue from registered voters in each of 44 of Ohio’s 88 counties, equal to 5 percent of the total vote cast in the county for the office of governor at the last gubernatorial election. Total signatures collected statewide must also equal 10 percent of the total vote cast for the office of governor at the last gubernatorial election.

The full text of today’s letter and of the initiative petitions submitted can be found at www.OhioAttorneyGeneral.gov/BallotInitiatives.

Constitutional Modernization Commission accepting applications for public appointments

Press Release:

Constitutional Modernization Commission Accepting Applications for Public Appointments

COLUMBUS—Speaker William G. Batchelder (R-Medina) and Rep. Vernon Sykes (D-Akron), co-chairs of the Ohio Constitutional Modernization Commission, announced that they are currently accepting applications for 20 open public member seats on the Commission.

Per the procedure adopted by the legislative members of the Commission on December 28, 2011, interested applicants should send a cover letter and a resume to each of the co-chairs by January 31, 2012 at:

Speaker William Batchelder, Co-Chair
Ohio Constitutional Modernization Commission
77 South High Street
Columbus, Ohio 43215
District69@ohr.state.oh.us

Rep. Vernon Sykes, Co-Chair
Ohio Constitutional Modernization Commission
77 South High Street
Columbus, Ohio 43215
john.meacham@ohr.state.oh.us

The Ohio Constitutional Modernization Commission is a bipartisan committee charged under R.C. 103.61 with examining the state constitution and making recommendations to the Ohio Legislature. Under the statute, appointees to the Commission shall serve without compensation for terms that expire on January 1st of every even-numbered year. A summary of H.B. 188, which established the Commission, is available online at:

http://www.lsc.state.oh.us/analyses129/11-hb188-129.pdf

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A constitutional amendment to end forced unionism in Ohio

Press Release - this is huge!!!

Coalition Begins Initiation of Constitutional Amendment to End Forced Unionism in Ohio

COLUMBUS - The 1851 Center for Constitutional Law today submitted to the Ohio Attorney General, on behalf of liberty groups and business leaders, initial signatures and summary language to begin the process of adding protections against forced union participation to Ohio's Bill of Rights.

The Ohio Workplace Freedom Amendment, which would "guarantee the freedom of Ohioans to choose whether to participate in a labor organization as a condition of employment," will appear on the November 2012 ballot if 386,000 signatures are submitted by early July. Specifically the Amendment would provide that, in Ohio:

* No law, rule, agreement, or arrangement shall require any person or employer to become or remain a member of a labor organization.

* No law, rule, agreement, or arrangement shall require, directly or indirectly, as a condition of employment, any person or employer, to pay or transfer any dues, fees, assessments, other charges of any kind, or anything else of value, to a labor organization, or third party in lieu of the labor organization.

The Amendment would not prevent any person from voluntarily belonging to or providing support to a labor organization, or apply to agreements entered into or renewed prior to the enactment of this section.

Similar worker protection is provided in 22 other states, primarily in the south and west. Ohio would be the first Midwestern state to pass such an Amendment. Backers of the Amendment, which was drafted by the 1851 Center, include many of those who successfully implemented the 21st Section to Ohio's Bill of Rights, the Health Care Freedom Amendment, as Issue 3 on November 8. If passed, the Amendment would be the 22nd section in Ohio's Bill of Rights.

"Ohio's current unemployment rate remains over 9 percent - - it's no coincidence that this rate of unemployment is much higher than in states that prohibit forced unionism, while private-sector job growth in those states has dramatically outpaced Ohio's," said Maurice Thompson, Executive Director of the 1851 Center. "This Amendment will make it clear that Ohio is a safe place to start, locate, or keep a business, and also a safe place to gain employment without being commandeered by powerful political machines."

Before circulators can begin gather signatures, the Amendment's summary must be approved as "fair and truthful" by the Ohio Attorney General, and its text as one subject by the Ohio Ballot Board. By law, the Attorney General and Ballot Board each have ten days to complete their respective processes.

Added Thompson "Ultimately, freedom to associate also means freedom not to associate - - it's time for Ohio to end labor conditions that compel its citizens to participate in highly-politicized labor organizations, or instead pay a considerable penalty."

Since the New Deal era, federal regulations have dramatically tilted labor markets in favor of unions, and have left little room for state autonomy. However, states are explicitly permitted to end forced union participation within their borders.

Read the Full Text of the Amendment here.

Questions? Read "Ohio Workplace Freedom Amendment Frequently Asked Questions"

The 1851 Center for Constitutional Law is a non-profit, non-partisan legal action center dedicated to protecting Ohioans constitutional rights and limiting government.